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Traumatic Brain Injury Lawyer in Midland, TX
Navigating the aftermath of a traumatic brain injury (TBI) can be an overwhelming and complex process.
If you or a family member has suffered a TBI in Midland, Texas, legal representation can help ensure that you and your loved ones receive the support, care, and compensation you need.
With over 60 years of combined experience and a deep understanding of both the medical and legal challenges posed by TBIs, our team at Braker White is committed to providing compassionate, comprehensive legal support. We understand that every TBI case is unique, and we tailor our approach to meet the specific needs and goals of each client.
Choosing the right Midland traumatic brain injury lawyer can make all the difference in your TBI case. Let us help you navigate this difficult journey with the skill, dedication, and compassion you deserve.
Contact us today for a free case review. You don’t pay us anything unless we secure compensation for you.
You Have a Right to Compensation
When you’ve been injured due to someone else’s negligence, you have the right to seek damages for your injury. We fight to protect that right on your behalf, and secure the compensation you deserve.
You Only Pay If We Win
We work on a contingency, which means we can offer compassionate and competent legal representation to our Texas neighbors without charging any upfront fees.
Why Hire a Traumatic Brain Injury Lawyer?
Hiring a Midland traumatic brain injury lawyer can be the difference between receiving the full compensation you need, or not. An experienced TBI lawyer from Braker White can provide valuable assistance in navigating the legal, medical, and insurance complexities associated with TBI cases.
- Maximizing Compensation: TBI cases often involve significant medical expenses, long-term care costs, lost wages, lost earning capacity, and pain and suffering. Our head injury attorneys in Midland know how to calculate and negotiate for full compensation that covers both current and future needs, ensuring that victims and their families are financially secure.
- Navigating Legal and Insurance Complexities: TBI cases involve navigating a complex web of legal issues and insurance policies. Our TBI lawyers are adept at handling these complexities, including dealing with insurance companies that may be reluctant to offer fair settlements. We ensure that claims are properly filed, deadlines are met, and legal rights are protected.
- Proving Liability and Negligence: Establishing fault in TBI cases can be challenging. We have the resources and expertise to investigate the accident, gather evidence, and build a strong case to prove negligence on the part of the responsible party, which is fundamental to securing compensation.
- Litigation and Trial Experience: While many TBI claims are settled out of court, some require litigation to achieve a fair outcome. Our TBI attorneys have litigation and trial experience and are prepared to represent you in court, if necessary.
- Reducing Stress and Providing Support: Dealing with the aftermath of a TBI can be incredibly stressful for victims and their families without adding on the additional burden of legal proceedings. Having an effective head injury lawyer handle all legal aspects allows you to focus on recovery and rehabilitation, providing some peace of mind during these challenging times.
- No Upfront Costs: Our Midland TBI lawyers work on a contingency fee basis, meaning we only get paid if we win your case. This allows you to pursue justice without worrying about upfront legal fees.
- Free Consultations: We offer free case reviews to give you the opportunity to discuss your case without any financial obligation. This initial consultation can provide valuable insights into the merits of the case and the legal process ahead.
Put An Award Winning Lawyer On Your Side!
Types of Traumatic Brain Injury Cases We Handle
Concussions
A concussion is a type of traumatic brain injury where the brain shakes inside the skull. The collision of the brain with the inside of the skull causes damage. Although concussions may be considered mild brain injuries since they are usually not life-threatening, their effects can be serious and long lasting.
Legally, concussions are recognized as injuries that can warrant compensation if they result from someone else's negligence or an accident. If this applies to you, reach out to a concussion injury lawyer in Midland today.
Diffuse Axonal Injury
A Diffuse Axonal Injury (DAI) is a form of traumatic brain injury that occurs when the brain rapidly shifts inside the skull as an injury mechanism. This action can cause widespread tearing of nerve fibers (axons) throughout the brain. Medically, DAI is considered one of the most severe types of brain injuries, often leading to unconsciousness and a persistent vegetative state.
From a legal perspective, DAI injuries may result in significant compensation due to their severe impact on the victim's quality of life and high medical costs.
Skull Fracture
A skull fracture is a break in one or more of the bones in the skull, typically caused by a forceful blow or impact to the head. Skull fractures can vary from simple, with no damage to the skin, to compound, where there may be lacerations to the skin or even protruding bones. Medically, the severity of a skull fracture can range from mild to life-threatening, depending on the extent of the injury.
Legally, skull fractures can form the basis of personal injury claims if they result from an accident or assault.
Brain Swelling
Brain swelling, or cerebral edema, refers to the increase in fluid in the intracellular or extracellular spaces of the brain, leading to increased intracranial pressure. This condition can result from various causes, including traumatic brain injury, infection, hypoxia, and strokes. Medically, it's a critical condition that requires immediate treatment to prevent serious or fatal outcomes. Legally, brain swelling due to accidents or medical negligence might entitle the victim or their family to compensation for medical expenses, suffering, and other damages.
Brain Damage
Brain damage refers to the destruction or degeneration of brain cells due to internal or external factors, such as trauma, lack of oxygen, or exposure to toxins. The severity can range from mild cognitive or physical impairments to severe, life-altering conditions. Legally, brain damage is a significant factor in personal injury cases, with potential for claims for medical costs, pain and suffering, loss of earnings, and future care needs, especially if the damage results from someone else's negligence or an intentional act.
Compensation Available for Traumatic Brain Injury Claimants
If you’ve suffered a traumatic brain injury due to someone else's negligence, you may be entitled to various forms of compensation. This compensation can fall into 3 categories: economic damages, non-economic damages, and, in some cases, punitive damages.
Economic Damages
Economic damages are tangible losses that have a specific dollar amount associated with them. They are intended to cover the financial costs incurred as a result of the accident.
For TBI claimants in Texas, economic damages may include:
- Assistive Devices and Rehabilitations: Costs for any medical devices, prosthetics, rehabilitation services, etc. needed to assist with the claimant’s recovery and daily activities.
- Medical Expenses: This can cover past, current, and future medical bills related to the brain injury. Examples include hospital stays, surgeries, medications, rehabilitation therapy, and any ongoing medical treatments.
- Lost Wages: This is compensation for income lost due to the inability to work following the TBI. This includes wages lost during recovery and potential future earnings, if the claimant cannot return to their previous employment.
- Home or Vehicle Modifications: Costs for necessary modifications to a home or vehicle to accommodate for any disability or limitations resulting from the TBI.
Non-Economic Damages
Non-economic damages compensate for the intangible losses suffered by the TBI claimant. These are not easily quantifiable in monetary terms, and do not have a specific dollar amount associated with them, so dollar amounts must be determined.
For TBI claimants in Texas, non-economic damages may include:
- Loss of Consortium: Compensation awarded to the spouse or close family members for the loss of companionship, affection, and support due to the claimant’s injuries.
- Pain and Suffering: Compensation for the physical pain experienced as a result of the TBI.
- Loss of Enjoyment of Life: Compensation for the loss of enjoyment of life, which covers the claimant’s inability to engage in hobbies, recreational activities, or other pleasures of life they enjoyed before the injury.
- Emotional Distress: Compensation for psychological impacts such as depression, anxiety, and emotional suffering due to the TBI.
Punitive Damages
Punitive damages are not commonly awarded in TBI cases but may be considered in situations where the defendant’s actions were particularly reckless, negligent, or intentional. These damages are meant to punish the defendant for their wrongful conduct in order to deter similar behavior in the future. In Texas, punitive damages are capped and subject to specific legal standards and limitations.
A Midland head injury lawyer can evaluate your claim and fight for the maximum compensation available to you. Schedule your free case review today to see what your case may be worth.
Our Results Speak For Themselves
$4,500,000.00Big Truck AccidentBrain & Back Injuries$1,129,236.00Auto AccidentCervical Surgery$1,003,554.00Big Truck AccidentNeck and Back Surgery$974,942.88Auto AccidentLumbar Fusion$964,114.00Big Truck AccidentNeck Surgery$579,985.00Auto AccidentNeck Surgery$504,167.00Auto AccidentBrain Injury$413,860.00Big Truck AccidentCervical Surgery$387,086.00Big Truck AccidentInjured Back$298,177.00Auto AccidentHernia Repair
Important Laws to Traumatic Brain Injury Cases
To navigate a traumatic brain injury case in Texas, you need to be aware of a couple important laws.
Statute of Limitations
The statute of limitations is a law that sets the maximum amount of time after an event within which legal proceedings must be initiated.
The Texas statute of limitations for personal injury cases (which includes TBIs) is 2 years from the date of the injury. This means TBI claimants have 2 years from the date of the injury to file a lawsuit against responsible parties. If you fail to file the lawsuit within this time frame, you will likely lose your right to seek compensation through the courts.
Exceptions: In certain cases, exceptions to the statute of limitations may apply. For example, if the injured party was a minor at the time of the injury, the statute of limitations might not begin until they reach the age of 18 years. Additionally, if the injury was not discovered immediately, the statute might be extended to accommodate for the date of discovery.
Texas' Modified Comparative Fault
Texas follows a modified comparative fault system (also known as proportionate responsibility), which can affect the amount of compensation a claimant can receive based on their degree of fault in the incident that caused the injury.
51% Bar Rule: Under this rule, a claimant can only recover damages if they are found to be 50% or less at fault for the incident. The amount of compensation they are entitled to will be reduced by their percentage of fault.
Example: If a claimant is awarded $100,000 in damages, but is found to be 30% at fault for the incident, their compensation would be reduced by 30%, resulting in a final award of $70,000.
Causes of Traumatic Brain Injuries
Traumatic brain injuries have a wide variety of causes. The most common causes we see for traumatic brain injuries in Midland include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Workplace accidents
- Oil field accidents
Whether your brain injury was suffered under these circumstances or not, a Midland traumatic brain injury lawyer from Braker White can help with your case. Contact us today to get started.
Long-Term Consequences of Traumatic Brain Injuries
Traumatic brain injuries can be among the most severe injuries anyone can endure, with potentially long-term consequences that can affect every aspect of someone’s life.
Cognitive Impairments
- Memory Loss: Difficulty remembering new information or events.
- Attention Deficits: Problems with focusing, multitasking, or sustaining attention.
- Executive Dysfunction: Impairment in planning, problem-solving, decision-making, and executing tasks.
Physical Disabilities
- Motor Function: Weakness, coordination problems, and difficulty with balance and walking.
- Sensory Impairments: Issues with vision, hearing, touch, taste, and smell.
- Chronic Pain: Persistent headaches, neck pain, or pain in other parts of the body.
- Fatigue: Increased need for rest and difficulty performing physical activities.
Emotional and Behavioral Changes
- Mood Swings: Rapid and extreme changes in mood without a clear cause.
- Depression and Anxiety: Feelings of sadness, hopelessness, or excessive worry that persist long after the injury.
- Impulsivity and Aggression: Difficulty controlling impulses, which may lead to aggressive behaviors or outbursts.
- Social Withdrawal: Losing interest in social activities or feeling overwhelmed in social situations.
Social and Vocational Changes
- Relationship Strain: Challenges in personal relationships due to changes in personality, mood, and behavior.
- Employment Difficulties: Struggles with maintaining or obtaining employment due to cognitive, emotional, or physical impairments.
- Financial Strain: Increased financial burden from medical expenses, rehabilitation costs, and potential loss of income.
Quality of Life
- Reduced Independence: Increased reliance on others for daily living activities and support.
- Life Satisfaction: Decreased satisfaction with life due to ongoing health issues, financial strain, and social isolation.
What Our Clients Are Saying About Us
Greta has been the greatest human to work with. She hasn't talked to me like I'm an idiot and I have understood everything along the way.
I am so glad I was referred to Robert E. White. The insurance company would not take me serious until I hired Robert White.
Attorney Robert White, Greta and their team have been very helpful, friendly, courteous and professional.
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Our Odessa Law Office230 W 3rd St.
Odessa, TX 79761-5014
432-274-2151Odessa, TX 79761-5014